Law

Charities Act 2011

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 400 provisions
  1. Title and introductory text
  2. 1 Meaning of “charity”
  3. 2 Meaning of “charitable purpose”
  4. 3 Descriptions of purposes
  5. 4 The public benefit requirement
  6. 5 Recreational and similar trusts, etc.
  7. 6 Registered sports clubs
  8. 7 Application of this Chapter in relation to Scotland
  9. 8 Application of this Chapter in relation to Northern Ireland
  10. 9 Interpretation
  11. 10 Ecclesiastical corporations etc. not charities in certain contexts
  12. 11 Charitable purposes
  13. 12 Directions as to what is (or is not) a separate charity
  14. 13 The Charity Commission
  15. 14 The Commission's objectives
  16. 15 The Commission's general functions
  17. 16 The Commission's general duties
  18. 17 Guidance as to operation of public benefit requirement
  19. 18 Supply by Commission of copies of documents
  20. 19 Fees and other amounts payable to Commission
  21. 20 Incidental powers
  22. 21 The official custodian for charities
  23. 22 Meaning of “exempt charity” and Sch.3
  24. 23 Power to amend Sch.3 so as to add or remove exempt charities
  25. 24 Power to remove defunct institutions from Sch.3
  26. 25 Meaning of “the principal regulator”
  27. 26 General duty of principal regulator in relation to exempt charity
  28. 27 Power to make amendments in connection with s.26
  29. 28 Commission to consult principal regulator
  30. 29 The register
  31. 30 Charities required to be registered: general
  32. 31 Restrictions on extending the range of excepted charities etc.
  33. 32 Power to alter sums specified in s.30(2)
  34. 33 Power to repeal provisions relating to excepted charities
  35. 34 Removal of charities from register
  36. 35 Duties of trustees in connection with registration
  37. 36 Claims and objections to registration
  38. 37 Effect of registration
  39. 38 Right to inspect register
  40. 39 Statement required to be made in official publications etc.
  41. 40 Power to alter sum specified in s.39(1)
  42. 41 Offences
  43. 42 Power to require name or working name to be changed
  44. 43 Duty of charity trustees on receiving direction under s.42
  45. 44 Change of name not to affect existing rights and obligations etc.
  46. 45 Change of name where charity is a company
  47. 45A Power to delay registration following s. 42 direction
  48. 45B Power to delay entry of name in register following a s. 42 direction
  49. 46 General power to institute inquiries
  50. 47 Obtaining evidence etc. for purposes of inquiry
  51. 48 Power to obtain search warrant for purposes of inquiry
  52. 49 Execution of search warrant
  53. 50 Publication of results of inquiries
  54. 51 Contributions by local authorities to inquiries into local charities
  55. 52 Power to call for documents
  56. 53 Power to search records
  57. 54 Disclosure to Commission: general
  58. 55 Disclosure to Commission: Revenue and Customs information
  59. 56 Disclosure by Commission: general
  60. 57 Disclosure by Commission: Revenue and Customs information
  61. 58 Disclosure to and by principal regulators of exempt charities
  62. 59 Disclosure: supplementary
  63. 60 Supply of false or misleading information to Commission etc.
  64. 61 Duty of trustees in relation to application of property cy-près
  65. 62 Occasions for applying property cy-près
  66. 63A Failure of specific charitable purposes: application cy-près
  67. 66 Section 63A: supplementary
  68. 67 Cy-près schemes
  69. 67A Proceeds of fund-raising: power of charity trustees to apply cy-près
  70. 68 Charities governed by charter, or by or under statute
  71. 69 Commission's concurrent jurisdiction with High Court for certain purposes
  72. 70 Restrictions on Commission's concurrent jurisdiction
  73. 71 Exercise of Commission's concurrent jurisdiction: notice
  74. 72 Power to alter sum specified in s.70(3)
  75. 73 Powers to make schemes altering provision made by Acts, etc.
  76. 74 Restriction on expenditure on promoting Bills
  77. 75 Further powers to alter application of charitable property
  78. 75ZA Power of the court and the Commission to make schemes
  79. 75A Official warnings by the Commission
  80. 76 Suspension of trustees etc. and appointment of interim managers
  81. 76A Exercise of powers where section 76(1)(a) applies
  82. 77 Offence of contravening certain orders under s.76
  83. 78 Interim managers: supplementary
  84. 79 Removal of trustee or officer etc for protective etc purposes
  85. 79A Removal of disqualified trustee
  86. 80 Other powers to remove or appoint charity trustees
  87. 81 Removal or appointment of charity trustees etc.: supplementary
  88. 82 Removal of trustees etc.: notice
  89. 83 Power to suspend or remove trustees etc. from membership of charity
  90. 84 Power to direct specified action to be taken
  91. 84A Power to direct specified action not to be taken
  92. 84B Power to direct winding up
  93. 85 Power to direct application of charity property
  94. 86 Copy of certain orders, and reasons, to be sent to charity
  95. 87 Supervision by Commission of certain Scottish charities
  96. 88 Publicity relating to schemes
  97. 89 Publicity for orders relating to trustees or other individuals
  98. 90 Entrusting charity property to official custodian, and termination of trust
  99. 91 Supplementary provisions as to property vested in official custodian
  100. 92 Divestment of official custodian where 1987 Act due to operate
  101. 93 Divestment of official custodian where 1987 Act has operated
  102. 94 Vesting of land in relevant charity trustees following divestment
  103. 95 Supplementary provisions in connection with 1987 Act
  104. 96 Power to make common investment schemes
  105. 97 Bodies which may participate in common investment schemes
  106. 98 Provisions which may be included in common investment schemes
  107. 99 Further provisions relating to common investment schemes and funds
  108. 100 Power to make common deposit schemes
  109. 101 Bodies which may participate in common deposit schemes
  110. 102 Provisions which may be included in common deposit schemes
  111. 103 Further provisions relating to common deposit schemes and funds
  112. 104 Meaning of “Scottish recognised body” and “Northern Ireland charity”
  113. 104A Investment of endowment fund on total return basis
  114. 104AA Total return investment: social investments
  115. 104B Total return investment: regulations
  116. 105 Power to authorise dealings with charity property etc.
  117. 106 Power to authorise ex gratia payments etc.
  118. 107 Power to direct transfer of credits in dormant bank accounts
  119. 108 Accounts which cease to be dormant before transfer
  120. 109 Dormant bank accounts: supplementary
  121. 110 Power to give advice
  122. 111 Power to determine membership of charity
  123. 112 Power to order assessment of solicitor's bill
  124. 113 Petitions for winding up charities under Insolvency Act
  125. 114 Proceedings by the Commission
  126. 115 Proceedings by other persons
  127. 116 Effect of provisions relating to vesting or transfer of property
  128. 117 Restrictions on dispositions of land: general
  129. 118 Meaning of “connected person” in s.117(2)
  130. 119 Requirements for dispositions other than certain leases
  131. 120 Requirements for leases which are for 7 years or less or which are assured tenancies etc.
  132. 121 Additional restrictions where land held for stipulated purposes
  133. 122 Instruments concerning dispositions of land: required statements, etc.
  134. 123 Charity land and land registration
  135. 124 Restrictions on mortgages
  136. 125 Mortgages: required statements, etc.
  137. 126 Mortgages of charity land and land registration
  138. 127 Release of charity rentcharges
  139. 128 Power to alter sum specified in s.127(2)
  140. 128A Advice etc from charity trustees, officers and employees
  141. 129 Interpretation
  142. 130 Accounting records
  143. 131 Preservation of accounting records
  144. 132 Preparation of statement of accounts
  145. 133 Account and statement an option for lower-income charities
  146. 134 Preservation of statement of accounts or account and statement
  147. 135 Charitable companies
  148. 136 Exempt charities
  149. 137 Accounting records
  150. 138 Preparation of group accounts
  151. 139 Exceptions to requirement to prepare group accounts
  152. 140 Preservation of group accounts
  153. 141 “Parent charity”, “subsidiary undertaking” and “group”
  154. 142 “Group accounts”
  155. 143 Exempt charities
  156. 144 Audit of accounts of larger charities
  157. 145 Examination of accounts an option for lower-income charities
  158. 146 Commission's powers to order audit
  159. 147 Accounts required to be audited under Companies Act
  160. 148 NHS charities: general
  161. 149 Audit or examination of English NHS charity accounts
  162. 150 Audit or examination of Welsh NHS charity accounts
  163. 151 Audit of accounts of larger groups
  164. 152 Examination of accounts an option for smaller groups
  165. 153 Commission's powers to order audit of group accounts
  166. 154 Regulations relating to audits and examinations
  167. 155 Power of Commission to direct compliance with certain regulations
  168. 156 Duty of auditors etc. to report matters to Commission
  169. 157 Meaning of “connected institution or body” in s.156(2)
  170. 158 Application of duty in relation to auditors etc. of group accounts
  171. 159 Application of duty in relation to Companies Act auditors
  172. 160 Exempt charities
  173. 161 Excepted charities
  174. 162 Charity trustees to prepare annual reports
  175. 162A Annual reports: fund-raising standards information
  176. 163 Transmission of annual reports to Commission in certain cases
  177. 164 Documents to be transmitted with annual report
  178. 165 Preservation of annual reports etc.
  179. 166 Annual reports and group accounts
  180. 167 Exempt charities
  181. 168 Excepted charities
  182. 169 Annual returns by registered charities
  183. 170 Public inspection of annual reports etc. kept by Commission
  184. 171 Supply by charity trustees of copy of most recent annual report
  185. 172 Supply by charity trustees of copy of most recent accounts
  186. 173 Offences of failing to supply certain documents
  187. 174 Powers to alter certain sums specified in this Part
  188. 175 Aggregate gross income of group
  189. 176 Larger groups: “relevant income threshold” and “relevant assets threshold”
  190. 177 Meaning of “charity trustees”
  191. 178 Persons disqualified from being charity trustees or trustees of a charity
  192. 178A Case A: specified offences
  193. 179 Disqualification: pre-commencement events etc.
  194. 180 Disqualification: exceptions in relation to charitable companies
  195. 181 Power to waive disqualification
  196. 181A Disqualification orders
  197. 181B Duration of disqualification, and suspension pending disqualification
  198. 181C Disqualification orders: procedure
  199. 181D Disqualification orders: variation and revocation
  200. 182 Records of persons removed from office
  201. 183 Criminal consequences of acting while disqualified
  202. 184 Civil consequences of acting while disqualified
  203. 184A Sections 183 and 184: participation in corporate decisions
  204. 184B Power to confirm trustee appointments etc
  205. 185 Remuneration of charity trustees or trustees etc. providing goods or services to charity
  206. 186 Disqualification of charity trustee or trustee receiving remuneration under s.185
  207. 186A Remuneration etc for work already carried out
  208. 187 Meaning of “benefit”, “remuneration”...etc.
  209. 188 Meaning of “connected person”
  210. 189 Indemnity insurance for charity trustees and trustees
  211. 190 Power to amend s.189
  212. 191 Commission's power to relieve trustees and auditors etc. from liability
  213. 192 Court's power to grant relief to apply to all auditors etc. of charities which are not companies
  214. 193 Meaning of “charitable company”
  215. 194 Requirement to disclose charitable status
  216. 195 Civil consequences of failure to make required disclosure
  217. 196 Criminal consequences of failure to make required disclosure
  218. 197 Alteration of objects by bodies corporate and charitable status
  219. 198 Alteration of objects by companies and Commission's consent
  220. 199 Meaning of “benefit” in s.198(2)
  221. 200 Meaning of “connected person” in s.198(2)
  222. 201 Consent of Commission required for approval etc. by members of charitable companies
  223. 202 Consent of Commission required for certain acts of charitable company
  224. 203 Application for restoration of charitable company to register
  225. 204 Meaning of “CIO”
  226. 205 Nature
  227. 206 Constitution
  228. 207 Application for CIO to be constituted and registered
  229. 208 Cases where application must or may be refused
  230. 209 Registration of CIO
  231. 210 Effect of registration of CIO
  232. 211 Name
  233. 212 Status
  234. 213 Civil consequences of failure to disclose name or status
  235. 214 Offence of failing to disclose name or status
  236. 215 Offence of holding out that a body is a CIO
  237. 216 Powers of CIO
  238. 217 Constitutional requirements
  239. 218 Third parties
  240. 219 Limits to s.218
  241. 220 Duty of CIO members
  242. 221 Duties of charity trustees
  243. 222 Personal benefit and payments
  244. 223 Regulations about procedure of CIOs
  245. 224 Amendment of constitution and procedure
  246. 225 Amendment of constitution and charitable status
  247. 226 Amendment of constitution and Commission's consent
  248. 227 Registration and coming into effect of amendments
  249. 228 Application for conversion by charitable company
  250. 229 Application for conversion by registered society
  251. 230 Commission to consult appropriate registrar and others
  252. 231 Cases where application must or may be refused
  253. 232 Provisional and final registration of converting body
  254. 233 Effect of registration becoming final
  255. 234 Conversion of community interest company
  256. 235 Application for amalgamation of CIOs
  257. 236 Notice of application for amalgamation
  258. 237 Cases where application must or may be refused
  259. 238 Registration of amalgamated CIO
  260. 239 Effect of registration
  261. 240 Resolutions about transfer of CIO's undertaking to another CIO
  262. 241 Notice of transfer of CIO's undertaking to another CIO
  263. 242 Cases where confirmation of resolution must or may be refused
  264. 243 Confirmation of resolution
  265. 244 Effect of confirmation of resolution
  266. 245 Regulations about winding up, insolvency and dissolution
  267. 246 Power to make further provision about CIOs
  268. 247 Meaning of “CIO regulations”
  269. 247A Regulations about moratorium for certain CIOs
  270. 248 Meaning of “benefit”
  271. 249 Meaning of “connected person”
  272. 250 Effect of provisions relating to vesting or transfer of property
  273. 251 Incorporation of charity trustees
  274. 252 Estate to vest in incorporated body
  275. 253 Gifts to take effect as gifts to incorporated body
  276. 254 Liability of charity trustees not affected by incorporation
  277. 255 Charity trustees bound by conditions in certificate etc.
  278. 256 Applications for incorporation
  279. 257 Requirement to be met before certificate is granted
  280. 258 Certificate conclusive as to compliance with incorporation requirements etc.
  281. 259 Filling up of vacancies in charity trustees
  282. 260 Execution of documents by incorporated body: general
  283. 261 Conferral of authority to execute documents
  284. 262 Amendment of certificate of incorporation
  285. 263 Dissolution of incorporated body
  286. 264 Records of applications and certificates
  287. 265 Meaning of “incorporated body” and “relevant charity”
  288. 266 Effect of provisions relating to vesting or transfer of property
  289. 267 Introduction
  290. 268 Resolution to transfer all property
  291. 269 Notice of, and information about, resolution to transfer property
  292. 270 General rule as to when s.268 resolution takes effect
  293. 271 S.268 resolution not to take effect or to take effect at later date
  294. 272 Transfer of property in accordance with s.268 resolution
  295. 273 Transfer where charity has permanent endowment: general
  296. 274 Requirements relating to permanent endowment
  297. 275 Resolution to replace purposes of unincorporated charity
  298. 276 Notice of, and information about, s.275 resolution
  299. 277 General rule as to when s.275 resolution takes effect
  300. 278 S.275 resolution not to take effect or to take effect at a later date
  301. 279 Replacement of purposes in accordance with s.275
  302. 280 Power to modify powers or procedures of unincorporated charity
  303. 280A Amendment of the trusts of an unincorporated charity
  304. 280B S. 280A: supplementary provision
  305. 280C Power to amend Royal charter
  306. 281 Power of ... charities to spend capital: general
  307. 282 Resolution to spend larger fund ...
  308. 283 Notice of, and information about, s.282 resolution
  309. 284 When and how s.282 resolution takes effect
  310. 284A Power to borrow from permanent endowment: general
  311. 284B Calculation of the “permitted amount”
  312. 284C Calculation of the “maximum estimated capital appreciation”
  313. 284D Inability to repay
  314. 285 Power to alter sums etc specified in this Part
  315. 286 Effect of provisions relating to vesting or transfer of property
  316. 292A Meaning of “social investment”
  317. 292B General power to make social investments
  318. 292C Charity trustees' duties in relation to social investments
  319. 293 Meaning of “local charity”
  320. 294 Local authority's index of local charities
  321. 295 Reviews of local charities by local authority
  322. 296 S.294 and s.295: supplementary
  323. 297 Co-operation between charities, and between charities and local authorities
  324. 298 Transfer of property to parish or community council or its appointees
  325. 299 Local authorities' power to appoint representative trustees
  326. 300 Powers of appointment deriving from pre-1894 powers
  327. 301 Powers of appointment deriving from pre-1927 powers
  328. 302 Term of office of trustees appointed under s.299 to s.301
  329. 303 S.298 to s.302: supplementary
  330. 304 Effect of provisions relating to vesting or transfer of property
  331. 305 Register of charity mergers
  332. 306 Meaning of “relevant charity merger” etc.
  333. 307 Notification of charity mergers
  334. 308 Details to be entered in register of charity mergers
  335. 309 Right to inspect register of charity mergers
  336. 310 Pre-merger vesting declarations
  337. 311 Effect of registering charity merger on gifts to transferor
  338. 312 “Transferor” and “transferee” etc. in s.310 and s.311
  339. 313 Effect of provisions relating to vesting or transfer of property
  340. 314 Exception for CIOs
  341. 315 The Tribunal
  342. 316 Rules relating to appeals, applications or references
  343. 317 Appeal from Tribunal
  344. 318 Intervention by Attorney General
  345. 319 Appeals: general
  346. 320 Appeals: orders under s.52
  347. 321 Reviews
  348. 322 Reviewable matters
  349. 323 Remission of matters to Commission
  350. 324 Power to amend provisions relating to appeals and applications to Tribunal
  351. 324A Power to authorise costs to be incurred in relation to proceedings
  352. 325 References by Commission
  353. 326 References by Attorney General
  354. 327 Powers of Commission in relation to matters referred to Tribunal
  355. 328 Suspension of time limits while reference is in progress
  356. 329 Agreement for Commission to act while reference is in progress
  357. 330 Appeals and applications in respect of matters determined on references
  358. 331 Interpretation
  359. 331A Limited power for charity trustees to make ex gratia payments etc
  360. 331B Power to alter sums specified in s.331A
  361. 332 Manner of giving notice of charity meetings, etc.
  362. 333 Conferral of authority to execute documents
  363. 334 Transfer and evidence of title to property vested in trustees
  364. 334A Status of certain trustees of charitable trusts
  365. 335 Enforcement of requirements by order of Commission
  366. 336 Enforcement of orders of Commission
  367. 337 Other provisions as to orders etc of Commission
  368. 338 Directions of the Commission or person conducting inquiry
  369. 339 Service of orders and directions
  370. 340 Enrolment and deposit of documents etc.
  371. 341 Evidence of documents received by Commission etc.
  372. 342 Report of inquiry to be evidence in certain proceedings
  373. 343 Evidence of documents issued by Commission etc.
  374. 344 Other miscellaneous provisions as to evidence
  375. 345 Restriction on institution of proceedings for certain offences
  376. 346 Offences by bodies corporate
  377. 347 Regulations and orders: general
  378. 348 Regulations subject to affirmative procedure etc.
  379. 349 Orders subject to affirmative procedure etc.
  380. 350 Connected person: child, spouse and civil partner
  381. 351 Connected person: controlled institution
  382. 352 Connected person: substantial interest in body corporate
  383. 352A Power to amend definition of “connected person”
  384. 353 Minor definitions
  385. 354 Amendments etc.
  386. 355 Commencement
  387. 356 Extent
  388. 357 Index of defined expressions
  389. 358 Short title
  390. SCHEDULE 1 The Charity Commission
  391. SCHEDULE 2 The official custodian
  392. SCHEDULE 3 Exempt charities
  393. SCHEDULE 4 Enlargement of areas of local charities
  394. SCHEDULE 5 Court's jurisdiction over certain charities governed by or under statute
  395. SCHEDULE 6 Appeals and applications to Tribunal
  396. SCHEDULE 7 Consequential amendments
  397. SCHEDULE 8 Transitionals and savings
  398. SCHEDULE 9 Transitory modifications
  399. SCHEDULE 10 Repeals and revocations
  400. SCHEDULE 11 Index of defined expressions

Proposed changes to this act

No one has proposed a change to this act yet.

400 provisions

295 Reviews of local charities by local authority

(1) A council may— (a) subject to the following provisions of this section, initiate, and carry out in co-operation with the charity trustees, a review of the working of any group of local charities with the same or similar purposes in the council's area, and (b) make to the Commission such report on the review and such recommendations arising from it as the council, after consultation with the trustees, think fit. (2) A council having power to initiate reviews under this section may— (a) co-operate with other persons in any review by them of the working of local charities in the council's area (with or without other charities), or (b) join with other persons in initiating and carrying out such a review. (3) No review initiated by a council under this section is to extend— (a) to any charity without the consent of the charity trustees, or (b) to any ecclesiastical charity. (4) No review initiated under this section by a district council is to extend to the working in any county of a local charity established for purposes similar or complementary to any services provided by county councils unless the review so extends with the consent of the council of that county. (5) Subsection (4) does not apply in relation to Wales.

Propose a change

296 S.294 and s.295: supplementary

(1) In sections 294 and 295 and this section “council” means— (a) a district council, (b) a county council, (c) a county borough council, (d) a London borough council, or (e) the Common Council of the City of London. (2) A council may employ any voluntary organisation as their agent for the purposes of sections 294 and 295, on such terms and within such limits (if any) or in such cases as they may agree. (3) In subsection (2), “voluntary organisation” means any body— (a) whose activities are carried on otherwise than for profit, and (b) which is not a public or local authority. (4) A joint board discharging any of a council's functions has the same powers under sections 294 and 295 and this section as the council as respects local charities in the council's area which are established for purposes similar or complementary to any services provided by the board.

Propose a change

297 Co-operation between charities, and between charities and local authorities

(1) Any local council and any joint board discharging any functions of a local council— (a) may make, with any charity established for purposes similar or complementary to services provided by the council or board, arrangements for co-ordinating— (i) the activities of the council or board, and (ii) those of the charity, in the interests of persons who may benefit from those services or from the charity, and (b) is at liberty to disclose to any such charity in the interests of those persons any information obtained in connection with the services provided by the council or board, whether or not arrangements have been made with the charity under this subsection. (2) In subsection (1), “local council” means— (a) in relation to England— (i) a district council, (ii) a county council, (iii) a London borough council, (iv) a parish council, (v) the Common Council of the City of London, or (vi) the Council of the Isles of Scilly, and (b) in relation to Wales— (i) a county council, (ii) a county borough council, or (iii) a community council. (3) Charity trustees may, regardless of anything in the trusts of the charity, by virtue of this subsection do all or any of the following things, if it appears to them likely to promote or make more effective the work of the charity— (a) they may co-operate in any review undertaken under section 295 or otherwise of the working of charities or any class of charities; (b) they may make arrangements with an authority acting under subsection (1) or with another charity for co-ordinating their activities and those of the authority or of the other charity; (c) they may publish information of other charities with a view to bringing them to the notice of those for whose benefit they are intended. (4) Charity trustees may defray the expense of acting under subsection (3) out of any income or money applicable as income of the charity.

Propose a change

298 Transfer of property to parish or community council or its appointees

(1) This section applies where trustees hold any property— (a) for the purposes of a public recreation ground, or of allotments (whether under inclosure Acts or otherwise), for the benefit of inhabitants of a parish having a parish council or (in Wales) community having a community council, or (b) for other charitable purposes connected with such a parish or community; and it applies to property held for any public purposes as it applies to property held for charitable purposes. But it does not apply where trustees hold property for an ecclesiastical charity. (2) The trustees may, with the approval of the Commission and with the consent of the parish or community council, transfer the property to— (a) the parish or community council, or (b) persons appointed by the parish or community council; and the council or their appointees must hold the property on the same trusts and subject to the same conditions as the trustees did.

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299 Local authorities' power to appoint representative trustees

(1) This section applies where a parochial charity in a parish or (in Wales) a community is not— (a) an ecclesiastical charity, or (b) a charity founded within the preceding 40 years. (2) If the charity trustees do not include persons— (a) elected by the local government electors or inhabitants of the parish or community, or (b) appointed by the parish council or parish meeting or (in Wales) by the community council or the county council or (as the case may be) county borough council, the parish council or parish meeting or the community council or the county council or county borough council may appoint additional charity trustees, to such number as the Commission may allow. (3) If there is a sole charity trustee not elected or appointed as mentioned in subsection (2), the number of the charity trustees may, with the approval of the Commission, be increased to 3, of whom— (a) one may be nominated by the person holding the office of the sole trustee, and (b) one may be nominated by the parish council or parish meeting or by the community council or the county council or county borough council.

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300 Powers of appointment deriving from pre-1894 powers

(1) Subsection (2) applies where, under the trusts of a charity other than an ecclesiastical charity— (a) the inhabitants of a rural parish (whether in vestry or not), or (b) a select vestry, were formerly (in 1894) entitled to appoint charity trustees for, or trustees or beneficiaries of, the charity. (2) The appointment is to be made— (a) in a parish having a parish council or (in Wales) a community having a community council, by the parish or community council, or in the case of beneficiaries, by persons appointed by the parish or community council; (b) in a parish not having a parish council or (in Wales) a community not having a community council, by the parish meeting or by the county council or (as the case may be) county borough council. (3) Subsection (4) applies where— (a) overseers as such, or (b) except in the case of an ecclesiastical charity, churchwardens as such, were formerly (in 1894) charity trustees of or trustees for a parochial charity in a rural parish, either alone or jointly with other persons. (4) Instead of the former overseer or church warden trustees there are to be trustees (to a number not greater than that of the former overseer or churchwarden trustees) appointed— (a) by the parish council or, if there is no parish council, by the parish meeting, or (b) by the community council or, if there is no community council, by the county council or (as the case may be) county borough council. (5) In this section “formerly (in 1894)” relates to the period immediately before the passing of the Local Government Act 1894 and “former” is to be read accordingly.

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301 Powers of appointment deriving from pre-1927 powers

(1) Subsection (2) applies where, outside Greater London (other than the outer London boroughs), overseers of a parish as such were formerly (in 1927) charity trustees of or trustees for any charity, either alone or jointly with other persons. (2) Instead of the former overseer trustees there are to be trustees (to a number not greater than that of the former overseer trustees) appointed— (a) by the parish council or, if there is no parish council, by the parish meeting, or (b) (in Wales) by the community council or, if there is no community council, by the county council or (as the case may be) county borough council. (3) In the case of an urban parish existing immediately before the passing of the Local Government Act 1972 which after 1st April 1974 is not comprised in a parish, the power of appointment under subsection (2) is exercisable by the district council. (4) In this section “formerly (in 1927)” relates to the period immediately before 1 April 1927 and “former” is to be read accordingly.

Propose a change

302 Term of office of trustees appointed under s.299 to s.301

(1) Any appointment of a charity trustee or trustee for a charity which is made by virtue of sections 299 to 301 must be for a term of 4 years, and a retiring trustee is eligible for re-appointment. But this is subject to subsections (2) and (3). (2) On an appointment under section 299, where— (a) no previous appointments have been made by virtue of— (i) section 299, or (ii) the corresponding provision of the Local Government Act 1894, the Charities Act 1960 or the Charities Act 1993, and (b) more than one trustee is appointed, half of those appointed (or as nearly as may be) must be appointed for a term of 2 years. (3) An appointment made to fill a casual vacancy must be for the remainder of the term of the previous appointment.

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303 S.298 to s.302: supplementary

(1) In sections 299 and 300, “parochial charity” means, in relation to any parish or (in Wales) community, a charity the benefits of which are, or the separate distribution of the benefits of which is, confined to inhabitants of— (a) the parish or community, (b) a single ancient ecclesiastical parish which included that parish or community or part of it, or (c) an area consisting of that parish or community with not more than 4 neighbouring parishes or communities. (2) Sections 298 to 302 do not affect the trusteeship, control or management of any foundation or voluntary school within the meaning of the School Standards and Framework Act 1998. (3) Sections 298 to 302— (a) do not apply to the Isles of Scilly, and (b) have effect subject to any order (including any future order) made under any enactment relating to local government with respect to local government areas or the powers of local authorities.

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304 Effect of provisions relating to vesting or transfer of property

No vesting or transfer of any property in pursuance of any provision of this Part operates as a breach of a covenant or condition against alienation or gives rise to a forfeiture.

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305 Register of charity mergers

(1) There continues to be a register of charity mergers, to be kept by the Commission in such manner as it thinks fit and maintained by it. (2) The register must contain an entry in respect of every relevant charity merger which is notified to the Commission in accordance with section 307 and such procedures as it may determine.

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306 Meaning of “relevant charity merger” etc.

(1) In this Part “relevant charity merger” means— (a) a merger of two or more charities in connection with which one of them (“the transferee”) has transferred to it all the property of the other or others, each of which (a “transferor”) ceases to exist, or is to cease to exist, on or after the transfer of its property to the transferee, or (b) a merger of two or more charities (“transferors”) in connection with which both or all of them cease to exist, or are to cease to exist, on or after the transfer of all of their property to a new charity (“the transferee”). (2) In the case of a merger involving the transfer of property of any charity— (a) which has both ... permanent endowment and other property (“unrestricted property”), ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . subsection (1)(a) or (b) applies subject to the modifications in subsection (3). (3) The modifications in relation to any such charity are— (a) the reference to all of its property is to be treated as a reference to all of its unrestricted property, and (b) any reference to its ceasing to exist is to be treated as omitted. (4) In this section and sections 307 and 308— (a) any reference to a transfer of property includes a transfer effected by a vesting declaration, and (b) “vesting declaration” means a declaration to which section 310(2) applies.

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307 Notification of charity mergers

(1) A notification under section 305(2) may be given in respect of a relevant charity merger at any time after— (a) the transfer of property involved in the merger has taken place, or (b) (if more than one transfer of property is so involved) the last of those transfers has taken place. (2) If a vesting declaration is made in connection with a relevant charity merger, a notification under section 305(2) must be given in respect of the merger once the transfer, or the last of the transfers, mentioned in subsection (1) has taken place. (3) A notification under section 305(2) is to be given by the charity trustees of the transferee and must— (a) specify the transfer or transfers of property involved in the merger and the date or dates on which it or they took place, (b) include a statement that appropriate arrangements have been made with respect to the discharge of any liabilities of the transferor charity or charities, and (c) in the case of a notification required by subsection (2), set out the matters mentioned in subsection (4). (4) The matters are— (a) the fact that the vesting declaration in question has been made, (b) the date when the declaration was made, and (c) the date on which the vesting of title under the declaration took place by virtue of section 310(2).

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308 Details to be entered in register of charity mergers

(1) Subsection (2) applies to the entry to be made in the register of charity mergers in respect of a relevant charity merger, as required by section 305(2). (2) The entry must— (a) specify the date when the transfer or transfers of property involved in the merger took place, (b) if a vesting declaration was made in connection with the merger, set out the matters mentioned in section 307(4), and (c) contain such other particulars of the merger as the Commission thinks fit.

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309 Right to inspect register of charity mergers

(1) The register of charity mergers must be open to public inspection at all reasonable times. (2) Where any information contained in the register is not in documentary form, subsection (1) is to be read as requiring the information to be available for public inspection in legible form at all reasonable times.

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310 Pre-merger vesting declarations

(1) Subsection (2) applies to a declaration which— (a) is made by deed for the purposes of this section by the charity trustees of the transferor, (b) is made in connection with a relevant charity merger, and (c) is to the effect that (subject to subsections (3) and (4)) all of the transferor's property is to vest in the transferee on such date as is specified in the declaration (“the specified date”). (2) The declaration operates on the specified date to vest the legal title to all of the transferor's property in the transferee, without the need for any further document transferring it. This is subject to subsections (3) and (4). (3) Subsection (2) does not apply to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) any land held by the transferor under a lease or agreement if, had the transferor assigned its interest in the land on the specified date to the transferee, that assignment would have given rise to— (i) an actionable breach of covenant or condition against alienation, or (ii) a forfeiture, or (c) any shares, stock, annuity or other property which is only transferable in books kept by a company or other body or in a manner directed by or under any enactment. (4) In its application to registered land within the meaning of the Land Registration Act 2002, subsection (2) is subject to section 27 of that Act (dispositions required to be registered).

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311 Effect of registering charity merger on gifts to transferor

(1) This section applies where a relevant charity merger is registered in the register of charity mergers. (2) Subsection (2A) applies to a gift, other than an excluded gift, if— (a) the gift would have taken effect as a gift to the transferor if the transferor had been in existence, and (b) the date on which the gift would have taken effect is a date on or after the date of the registration of the merger. (2A) The gift takes effect as a gift to the transferee. (3) A gift is an excluded gift if— (a) the transferor is a charity within section 306(2), and (b) the gift is intended to be held subject to the trusts on which the whole or part of the charity's permanent endowment is held.

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312 “Transferor” and “transferee” etc. in s.310 and s.311

(1) In sections 310 and 311— (a) any reference to the transferor, in relation to a relevant charity merger, is a reference to the transferor (or one of the transferors) within the meaning of section 306, and (b) any reference to all of the transferor's property, where the transferor is a charity within section 306(2), is a reference to all of the transferor's unrestricted property (within the meaning of section 306(2)(a)). (2) In sections 310 and 311, any reference to the transferee, in relation to a relevant charity merger, is a reference to— (a) the transferee (within the meaning of section 306), if it is a company or other body corporate, and (b) otherwise, the charity trustees of the transferee (within the meaning of section 306).

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313 Effect of provisions relating to vesting or transfer of property

No vesting or transfer of any property in pursuance of any provision of this Part operates as a breach of a covenant or condition against alienation or gives rise to a forfeiture.

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314 Exception for CIOs

Nothing in this Part applies in a case where section 235 (amalgamation of CIOs) or 240 (transfer of CIO's undertaking to another CIO) applies.

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315 The Tribunal

(1) In this Act, “the Tribunal” in relation to any appeal, application or reference, means— (a) the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal, application or reference, or (b) the First-tier Tribunal, in any other case. (2) The Tribunal has jurisdiction to hear and determine— (a) such appeals and applications as may be made to the Tribunal in accordance with Chapter 2, or any other enactment, in respect of decisions, orders or directions of the Commission, and (b) such matters as may be referred to the Tribunal in accordance with Chapter 3 by the Commission or the Attorney General. (3) Such appeals, applications and matters are to be heard and determined by the Tribunal in accordance with Chapters 2 and 3, or any such enactment, taken with— (a) rules made under section 316(2), and (b) Tribunal Procedure Rules.

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316 Rules relating to appeals, applications or references

(1) This section applies in relation to appeals, applications or references to the Tribunal which are mentioned in section 315(2). (2) The Lord Chancellor may make rules— (a) specifying steps which must be taken before appeals, applications or references are made to the Tribunal (and the period within which any such steps must be taken); (b) requiring the Commission to inform persons of their right to appeal or apply to the Tribunal following a final decision, direction or order of the Commission. (3) Tribunal Procedure Rules may make any other provision regulating the exercise of rights to appeal or to apply to the Tribunal and matters relating to the making of references to it. (4) Rules under subsection (2) or (3) may confer a discretion on— (a) the Tribunal, or (b) any other person. (5) Rules of the Lord Chancellor under this section— (a) are to be made by statutory instrument, and (b) are subject to annulment in pursuance of a resolution of either House of Parliament. (6) Rules of the Lord Chancellor under this section may make— (a) different provision for different cases, and (b) such supplemental, incidental, consequential or transitional provision or savings as the Lord Chancellor considers appropriate.

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317 Appeal from Tribunal

(1) For the purposes of sections 11(2)and 13(2) of the Tribunals, Courts and Enforcement Act 2007, the Commission and the Attorney General are to be treated as parties to cases before the Tribunal in respect of any such appeal, application or reference as is mentioned in section 315(2). (2) In the case of an appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 against a decision of the Tribunal which determines a question referred to it by the Commission or the Attorney General, the tribunal or court hearing the appeal— (a) must consider afresh the question referred to the Tribunal, and (b) may take into account evidence which was not available to the Tribunal.

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318 Intervention by Attorney General

(1) This section applies to any proceedings— (a) before the Tribunal, or (b) on an appeal from the Tribunal, to which the Attorney General is not a party. (2) The appropriate body may at any stage of the proceedings direct that all the necessary papers in the proceedings be sent to the Attorney General. (3) A direction under subsection (2) may be made by the appropriate body— (a) of its own motion, or (b) on the application of any party to the proceedings. (4) The Attorney General may— (a) intervene in the proceedings in such manner as the Attorney General thinks necessary or expedient, and (b) argue before the appropriate body any question in relation to the proceedings which the appropriate body considers it necessary to have fully argued. (5) Subsection (4) applies whether or not a direction is given under subsection (2). (6) In this section “the appropriate body” means the Tribunal or, in the case of an appeal from the Tribunal, the tribunal or court hearing the appeal.

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319 Appeals: general

(1) Except in the case of a reviewable matter (see section 322) an appeal may be brought to the Tribunal against any decision, direction or order mentioned in column 1 of Schedule 6. (2) Such an appeal may be brought by— (a) the Attorney General, or (b) any person specified in the corresponding entry in column 2 of Schedule 6. (3) The Commission is to be the respondent to such an appeal. (4) In determining such an appeal the Tribunal— (a) must consider afresh the decision, direction or order appealed against, and (b) may take into account evidence which was not available to the Commission. (5) The Tribunal may— (a) dismiss the appeal, or (b) if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of Schedule 6.

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320 Appeals: orders under s.52

(1) Section 319(4)(a) does not apply in relation to an appeal against an order made under section 52 (power to call for documents). (2) On such an appeal the Tribunal must consider whether the information or document in question— (a) relates to a charity; (b) is relevant to the discharge of the functions of the Commission or the official custodian. (3) The Tribunal may allow such an appeal only if it is satisfied that the information or document in question does not fall within subsection (2)(a) or (b).

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321 Reviews

(1) An application may be made to the Tribunal for the review of a reviewable matter. (2) Such an application may be made by— (a) the Attorney General, or (b) any person mentioned in the entry in column 2 of Schedule 6 which corresponds to the entry in column 1 which relates to the reviewable matter. (3) The Commission is to be the respondent to such an application. (4) In determining such an application the Tribunal must apply the principles which would be applied by the High Court on an application for judicial review. (5) The Tribunal may— (a) dismiss the application, or (b) if it allows the application, exercise any power mentioned in the entry in column 3 of Schedule 6 which corresponds to the entry in column 1 which relates to the reviewable matter.

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322 Reviewable matters

(1) In this Chapter references to reviewable matters are to— (a) decisions to which subsection (2) applies, and (b) orders to which subsection (3) applies. (2) This subsection applies to decisions of the Commission— (a) to institute an inquiry under section 46 with regard to a particular institution; (b) to institute an inquiry under section 46 with regard to a class of institutions; (c) not to make a common investment scheme under section 96; (d) not to make a common deposit scheme under section 100; (e) not to make an order under section 105 (power to authorise dealings with charity property etc.) in relation to a charity; (ea) not to make an order under section 106 (power to authorise ex gratia payments etc) in relation to a charity; (f) not to make an order under section 117 (restrictions on dispositions of land) in relation to land held by or in trust for a charity; (g) not to make an order under section 124 (restrictions on mortgages) in relation to a mortgage of land held by or in trust for a charity. (3) This subsection applies to an order made by the Commission under section 147(2) (investigation and audit) in relation to a charitable company.

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323 Remission of matters to Commission

References in column 3 of Schedule 6 to the power to remit a matter to the Commission are to the power to remit the matter— (a) generally, or (b) for determination in accordance with a finding made or direction given by the Tribunal.

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324 Power to amend provisions relating to appeals and applications to Tribunal

(1) The Secretary of State may by order— (a) amend or otherwise modify an entry in Schedule 6, (b) add an entry to Schedule 6, or (c) remove an entry from Schedule 6. (2) An order under subsection (1) may make such amendments, repeals or other modifications of— (a) sections 319 to 323, or (b) an enactment which applies this Chapter and Schedule 6, as the Secretary of State considers appropriate in consequence of any change in Schedule 6 made by the order. (3) Subsections (1) and (2) apply (with the necessary modifications) in relation to section 57 of the Charities Act 2006 as if— (a) that section were contained in this Chapter, and (b) the reference in subsection (2) to sections 319 to 323 included a reference to any other provision relating to appeals to the Tribunal which is contained in Chapter 1 of Part 3 of the Charities Act 2006.

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324A Power to authorise costs to be incurred in relation to proceedings

(1) The Tribunal may make an authorised costs order on the application of a charity or charity trustees of a charity. (2) An authorised costs order is an order— (a) made in respect of proceedings brought, or proposed to be brought, before the Tribunal or on appeal from it, and (b) authorising payment out of the funds of the charity of costs falling within subsection (3). (3) Those costs are costs incurred, or to be incurred, in connection with the proceedings— (a) by the charity, (b) by its charity trustees, or (c) by any other person, so far as the charity or its charity trustees are ordered by the Tribunal or the court hearing the appeal to bear them.

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325 References by Commission

(1) A question which— (a) has arisen in connection with the exercise by the Commission of any of its functions, and (b) involves either the operation of charity law in any respect or its application to a particular state of affairs, may be referred to the Tribunal by the Commission if the Commission considers it desirable to refer the question to the Tribunal. (2) The Commission may make such a reference only with the consent of the Attorney General. (3) The Commission is to be a party to proceedings before the Tribunal on the reference. (4) The following are entitled to be parties to proceedings before the Tribunal on the reference— (a) the Attorney General, and (b) with the Tribunal's permission— (i) the charity trustees of any charity which is likely to be affected by the Tribunal's decision on the reference, (ii) any such charity which is a body corporate, and (iii) any other person who is likely to be so affected.

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326 References by Attorney General

(1) A question which involves— (a) the operation of charity law in any respect, or (b) the application of charity law to a particular state of affairs, may be referred to the Tribunal by the Attorney General if the Attorney General considers it desirable to refer the question to the Tribunal. (2) The Attorney General is to be a party to proceedings before the Tribunal on the reference. (3) The following are entitled to be parties to proceedings before the Tribunal on the reference— (a) the Commission, and (b) with the Tribunal's permission— (i) the charity trustees of any charity which is likely to be affected by the Tribunal's decision on the reference, (ii) any such charity which is a body corporate, and (iii) any other person who is likely to be so affected.

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327 Powers of Commission in relation to matters referred to Tribunal

(1) This section applies where a question which involves the application of charity law to a particular state of affairs has been referred to the Tribunal under section 325 or 326. (2) The Commission must not take any steps in reliance on any view as to the application of charity law to that state of affairs until— (a) proceedings on the reference (including any proceedings on appeal) have been concluded, and (b) any period during which an appeal (or further appeal) may ordinarily be made has ended. (3) Where— (a) paragraphs (a) and (b) of subsection (2) are satisfied, and (b) the question has been decided in proceedings on the reference, the Commission must give effect to that decision when dealing with the particular state of affairs to which the reference related.

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328 Suspension of time limits while reference is in progress

(1) Subsection (2) applies if— (a) section 327(2) prevents the Commission from taking any steps which it would otherwise be permitted or required to take, and (b) the steps in question may be taken only during a period specified in an enactment (“the specified period”). (2) The running of the specified period is suspended for the period which— (a) begins with the date on which the question is referred to the Tribunal, and (b) ends with the date on which paragraphs (a) and (b) of section 327(2) are satisfied. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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329 Agreement for Commission to act while reference is in progress

(1) Section 327(2) does not apply in relation to any steps taken by the Commission with the agreement of— (a) the persons who are parties to the proceedings on the reference at the time when those steps are taken, and (b) (if not within paragraph (a)) the charity trustees of any charity which— (i) is likely to be directly affected by the taking of those steps, and (ii) is not a party to the proceedings at that time. (2) The Commission may take those steps despite the suspension in accordance with section 328(2) of any period during which it would otherwise be permitted or required to take them. (3) Section 327(3) does not require the Commission to give effect to a decision as to the application of charity law to a particular state of affairs to the extent that the decision is inconsistent with any steps already taken by the Commission in relation to that state of affairs in accordance with this section.

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330 Appeals and applications in respect of matters determined on references

(1) No appeal or application may be made to the Tribunal by a person to whom subsection (2) applies in respect of an order or decision made, or direction given, by the Commission in accordance with section 327(3). (2) This subsection applies to a person who was at any stage a party to the proceedings in which the question referred to the Tribunal was decided. (3) Any enactment (including one contained in this Act) which provides for an appeal or application to be made to the Tribunal has effect subject to subsection (1).

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331 Interpretation

(1) In this Chapter— “charity law” means— any enactment contained in, or made under, this Act or the Charities Act 2006, any other enactment specified in regulations made by the Secretary of State, and any rule of law which relates to charities, and “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), and includes an enactment whenever passed or made. (2) The exclusions contained in section 10(2) (ecclesiastical corporations etc.) do not have effect for the purposes of this Chapter.

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331A Limited power for charity trustees to make ex gratia payments etc

(1) The charity trustees of a charity may take any action falling within subsection (2)(a) or (b) if the conditions in subsection (3) are met. (2) The actions are— (a) making any application of property of the charity, or (b) waiving to any extent, on behalf of the charity, its entitlement to receive any property. (3) The conditions are— (a) that the value of the property does not exceed the relevant threshold, (b) that the charity trustees have no power to take the action apart from this section or by virtue of section 106, and (c) that in all the circumstances the charity trustees could reasonably be regarded as being under a moral obligation to take the action. (4) The power conferred by this section may be restricted or excluded by the trusts of the charity. (5) In relation to a charity established by (or whose purposes or functions are set out in) legislation, the power conferred by this section is not disapplied only because the legislation concerned prohibits application of property of the charity otherwise than as set out in the legislation. (6) For the purposes of subsection (3)(a)— (a) if the charity’s gross income in its last financial year did not exceed £25,000, the relevant threshold is £1,000; (b) if the charity’s gross income in its last financial year exceeded £25,000 but not £250,000, the relevant threshold is £2,500; (c) if the charity’s gross income in its last financial year exceeded £250,000 but not £1 million, the relevant threshold is £10,000; (d) if the charity’s gross income in its last financial year exceeded £1 million, the relevant threshold is £20,000. (7) In subsection (5) “legislation” means— (a) an Act of Parliament; (b) an Act or Measure of Senedd Cymru; (c) subordinate legislation (within the meaning of the Interpretation Act 1978) made under an Act of Parliament; (d) an instrument made under an Act or Measure of Senedd Cymru; or (e) a Measure of the Church Assembly or of the General Synod of the Church of England.

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331B Power to alter sums specified in s.331A

The Secretary of State may by regulations amend section 331A(6) (relevant income thresholds) by substituting a different sum for any sum for the time being specified in that provision.

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